Allegations by a nursing home employee that her employer secretly arranged an “active shooter drill” in which an on-duty Carbondale, CO police officer posed as a “gunman,” that the officer burst into the work area and held the plaintiff-employee hostage at gunpoint as she cried...

The “going and coming” rule is a deceptively simple one. There is no reference to the “going and coming” rule concept in the Labor Code. However, the rule has developed over time by case law, essentially holding that the employer is not liable for injuries which occur during an...

An appellate court in Washington state held that it was error for a trial court to grant summary judgment in favor of a defendant, on exclusive remedy grounds, where the plaintiff alleged he was struck by a vehicle driven by the defendant, a fellow employee, as the plaintiff walked across an access road...

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation of truly bizarre workers’ compensation cases...

An administrative assistant in 2012 was leaving work, stepped off of a ramp onto a sidewalk on the employer’s property on the way to her car and injured her ankle. The court of appeals affirmed an award of benefits and found that the accident arose out of her employment. Lincoln University v. Kathy...

Substantial evidence did not support an award of workers’ compensation death benefits to an employee’s minor child where the employee was fatally injured in a car accident while carpooling home, held an Arkansas appellate court. The Court reasoned that while it was certainly true that the...

A divided Supreme Court of Oklahoma held that a university employee sustained injuries arising out of and in the course of her employment when she slipped and fell on ice in a campus parking lot where she had been instructed to park. The majority found that the employee’s actions at the time of...

Arkansas’ “arising out of and in the course of the employment” rule is one of the narrowest of any states. Generally, a compensable injury does not include an injury that was inflicted on the employee “at a time when employment services were not being performed ” [Ark. Code...